Anti-abortion group sues over Elgin's limit on mobile unit

A Christian anti-abortion group is suing the city of Elgin, saying its rights were violated by a zoning change that effectively prevented it from operating a mobile unit that provided free pregnancy tests and other services near a high school.

TLC Pregnancy Services, operated by The Life Center, filed suit Thursday in federal court, accusing the city of infringing on its First Amendment rights.

"It's a not-for-profit organization that's trying to serve the young women in a time of need," said Noel Sterett, TLC's lawyer.

City officials would not comment specifically on the lawsuit, but Mayor David Kaptain said the zoning code change did not target the organization or its mobile unit.

The unit still operates weekly in nearby suburbs West Dundee and Carpentersville.

TLC's suit claims that the group learned last summer that it would have to cease operation of the unit near the school because of the code changes approved by the Elgin City Council in June.

The changes said a "temporary use" permit can only be issued a certain number of times per year, an amount that TLC had exceeded, the suit says.

Since August, the organization has tried to obtain new permits without success, Sterett said, and has gotten calls from women wondering where the unit went. Restricting Elgin women's access to such services violates their rights, the lawsuit states.

Also, the zoning code curbs TLC's right to deliver a religious message with that care, according to the suit.

Sterett would not say if the women and girls who use TLC's mobile services are counseled specifically not to seek abortions. But the group's website states that one of its aims is "to witness even more women in unplanned pregnancy situations choose life."

Sterett said the organization chose a location near Larkin High to be visible to young girls who might want the services.

A School District U-46 spokesman said district officials were unaware of the lawsuit or that the mobile unit has operated near the school.

Kaptain said zoning code changes had nothing to do with the TLC group. He said he doesn't recall what brought about the changes in how temporary-use permits were issued.

Council records show the changes passed with no dissent and little discussion.

Although the group is asking that damages be awarded, Sterett said the main goal is to bring the mobile unit back.

"We want to find out why Elgin is taking such a hard line on this," he said.